A federal civil rights lawsuit filed February 8, 2026, in connection with a February 10, 2024 incident in Lacy Lakeview alleges excessive force, false arrest, unlawful detention, and violations of equal protection and due process rights. The events unfolded at an apartment complex in the McLennan County city and stem from a domestic dispute that escalated into a physical altercation and police response. The lawsuit was filed in federal court and names officers with the Lacy Lakeview Police Department. The filing contends the officers acted under color of state law and deprived Xavier Gulley of constitutional protections during the encounter.

Background of the Dispute

According to the complaint, Gulley was in a relationship with Kathryn Heise, the daughter of Gregorio Heise, who is currently running as a Republican candidate for Texas’ 30th Congressional District. The filing outlines prior alleged incidents involving Gregorio Heise, including an accusation that he pointed a firearm at his daughter during an argument. The complaint states that charges were filed in connection with that episode but later withdrawn by Kathryn Heise. The lawsuit further alleges that after that incident, Gregorio Heise entered a mental health facility where he allegedly became aggressive with staff, broke his hand by punching a window, and threatened personnel with the broken glass. The filing contrasts those allegations with claims that Gulley has no history of violence.

Approximately six months after the firearm incident, Kathryn Heise moved into Gulley’s apartment in Lacy Lakeview. After about a year, she decided to move into a larger apartment, citing limited space for two adults and a large dog. Gulley remained in the original apartment, stating in the complaint that he believed they could not afford a larger unit. Gregorio Heise was later asked to assist with the move.

Physical Altercation and 911 Calls

The lawsuit states that Gulley did not want Gregorio Heise inside his apartment because of prior alleged threats. During a dispute, Gulley attempted to hug Kathryn Heise in an effort to calm her, according to the filing. She attempted to push him away, tripped, and fell backward, the complaint states. Gregorio Heise then arrived and allegedly became aggressive, telling Gulley to get away from his daughter. The filing claims Gregorio grabbed Gulley’s clothing near a second-floor railing in a threatening manner. Gulley states he feared being pushed over the railing and pushed Gregorio away in self-defense. The two men struggled, and during the altercation they collided with a fish tank, which shattered and injured Gregorio Heise. A neighbor called 911 reporting a “battle” between two individuals. Kathryn Heise later called 911 and stated that Gulley had pushed her down. Police officers were already at the scene by the time of her call.

Police Response and Use of Force

Officer Nathan Rodriguez was the first to arrive, according to the complaint. Gulley told the officer that the man sitting on the stairs had placed him in a chokehold. The filing states Gulley was visibly anxious and not acting aggressively. The lawsuit alleges that Rodriguez repeatedly ordered Gulley to step back, escalating his tone, and ultimately drew his department-issued Taser, pointing it at Gulley’s chest. Gulley asked how far he should step back and was then instructed to enter his apartment. When a second officer, identified as Officer Harrison, arrived, he drew his firearm and ordered Gulley to get on the ground.

The complaint alleges that despite confirmation from Kathryn Heise that no firearms were inside the apartment and despite no mention of weapons in the 911 call, officers drew both Tasers and firearms. Gulley, who is black, was unarmed. Gregorio Heise, who is white, was seated on the stairs and not subjected to similar commands, according to the filing.

The lawsuit asserts that Gulley complied with commands to enter his apartment but that Officer Rodriguez deployed his Taser as Gulley crossed the threshold. Gulley retreated inside and refused to exit while officers continued pointing weapons at him. Body camera footage referenced in the filing allegedly shows Gulley crying and pleading, expressing fear that he would be shot. The complaint states that Gulley agreed to come outside if officers lowered their weapons and took his statement. Rodriguez allegedly promised to put his Taser away once Gulley showed his hands. When Gulley exited with his hands raised, the filing claims Officer Harrison kept his firearm trained on him. Gulley retreated back inside, and Rodriguez allegedly discharged his Taser again, striking Gulley in the groin area. The lawsuit contends that officers continued using the Taser while Gulley was in distress and then placed him in handcuffs without probable cause.

Allegations of Report Discrepancies

The filing further alleges that officers made false statements in their reports. It claims Rodriguez wrote that Gulley kept approaching Gregorio Heise and was intoxicated and unsteady. The complaint asserts that body camera footage contradicts those statements and shows Gulley attempting to explain what had happened while maintaining distance after being told to step back. The lawsuit also alleges that officers supplemented their reports with statements from Kathryn and Gregorio Heise but did not take statements regarding Gulley’s allegations against Gregorio Heise. The complaint characterizes the officers’ written accounts as misrepresentations intended to portray Gulley as the aggressor.

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